Burlington Northern Railroad v. Blackfeet Tribe of the Blackfeet Indian Reservation

Burlington Northern Railroad brought suit against the Blackfeet, Assiniboine and Sioux Tribes (“Tribes”), their governing bodies and various tribal officials, seeking a declaration that the Tribes lacked sovereign power to tax Burlington Northern's on-reservation rights of way, and an injunction against the imposition of such taxes. 1 The district court denied the Tribes’ motion to dismiss on the ground of sovereign immunity, but granted the Tribes’ motion for summary judgment on the merits. We grant dismissal of the Tribes and the governing bodies of Tribal officials acting in their official capacities as immune from suit. We affirm the grant of summary judgment.

I

In late 1886 and early 1887, the United States and the Tribes entered into an agreement creating the Blackfeet, Fort Peck and Fort Belknap Reservations, substantially as they are today. This agreement was ratified and codified by Congress on May 1, 1888, 25 Stat. 113 (“Act of 1888”). Article VIII of the agreement, incorporated in the statute, provides:

Art. VIII, 25 Stat. at 115-16.

The parties agree that in. 1887, after the agreement was signed but before its ratification, Congress granted Burlington Northern’s…